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Minutes 03-10-75MINUTES OF TKE BOARD OF ADJUSTI~NT M~]ETIN HELD AT CITY HALL, BOYNTON BEACH, ~ORIDA, MO~AY, MARCH 10, 1975 AT 7:00 P. M. PRESENT Foy Ward, Chairman Alvin C. Boeltz, Vice Chairman David Wo Healy, Secretary Vernon Thompson Robert Gordon John White, Alternate ABSENT Derle Bailey, Alternate Irving Block, Alternate (Excused) (Excused) Jack Aitken, Building Department Chairman Ward called the meeting to order at 7:00 P. Mo and introduced the Board members, Mr. Aitken, and ~s. Kruse. MINUTES The Minutes of the meeting of December 23, 1974 were read. M~. Thompson made a motion to approve the minutes as pre- sented, seconded by Mr. Gordon. Motion carried 5-0. The Minutes of the meeting of January 13, 1975 were read. Chairman Ward referred to Page 4, second paragraph from bottom, where it states he referred to an outline from Gene Moore, etc. This should state this referred to a summary outline which was received from the Building Department and not from Mr. Moore. Chairman Ward referred to Page 8, third paragraph from bottom under procedure, and it should be the members may ask the Chairman for permission to speak again instead of them asking the Chairman to speak again. Chair- man Ward again referred to Page 8 and Mr. Thompson's sugges- tions regarding the powers of this Board. Chairman Ward ascertained that they all received the outline and duties of the Board and could dismiss of this. M~. Thompson agreed and added that he felt they should inform the people appear- ing before the Board of the Board's powers and advise them that they can still appeal before the Council. Mr. Thompson moved to approve the minutes with the corrections as noted and _Mr. Healy seconded the motion. Motion carried 5-0. PUBLIC HE~R'!NG - VARIANCE APPLICATION Parcel #1 - Lot 11, Lee Manor Isles Recorded in Plat Book 24, Page 211 Palm Beach County Records MINUTES B0~D OF ADJUST~NT PAGE ~O M~RCH 10, 1975 Request - Relief from 25 ft. rear setback requirement to 15 ft. rear setback to construct residence. Address - 655 $o E. 13th Avenue Applicant - Robert R. Kipp Mr. Healy read the above application and then read a letter addressed te the Board of Adjustment from Mr. Robert R. Kipp dated February 19 stating the reasons for this request. He stated he was writing the letter in conjunction with the attached application for variance to state their condition and circumstances to support this request for variance. He purchased this lot on a cul-de-sac in Lee Manor Isles. With the setbacks applied, it creates a difficult area in which to build on this odd shaped lot. Due to the nature of the area and value of the lot and being a point lot on the inter- coastal, he feels there is justification for this home in this limited building area. Certain points and walls would have to be eliminated in front and side to meet the require- ments. By allowing extra depth, he will be able to slide the house back to create breathing room for the neighborhood. In addition, he will gain area for parking areas eliminating parking on the right-of-way for guests. It might be noted that in going back 10 feet into the rear yard setbacks, he would not be infringing on the neighbor because of the canal separating and would gain distance between the neighbor on the west. He is requesting a 15 ft. setback based on these reasons. The members then looked at the map attached to the application. Mr. Robert Ro Kipp appeared before the Board and stated his address as 785 N. E. 36th Street, Boca Raton and his telephone number as 391-3911. He showed the members a survey of the lot just completed by O'Brien, Suiter & O'Brien. Chairman Ward first advised him that in the event that the Board's decision was not favorabl~, he has the right to appeal any decision through circuit court. Mr. Kipp continued with showing a drawing of his proposed house and pointed out that he was not proposing to encroach as it might appear. He is staying within the setbacks on the intercoastal side. It is also a very wide canal at that point. The street is not wide enough to park a car being on a cul-de-sac and it would not be right to push the house right up to the street. With moving the house back, there is space for parking five cars on his property. Mr. Boeltz stated.that off-street parking regulations are in effect and parking on the street is not allowed. ~. Kipp replied that he was just referring to when guests visited for short periods of time. Mrs. H~ckle presented She plat ef this area to the Board. MINUTES BOARD OF ADJUST~NT PAGE THREE ~RCH 1 O, 1975 Mr. Healy questioned if he owned only this one lot and ~. Kipp replied: yes and that he just purchased it within the last month. Chairman Ward asked if there was property avail- able on either side and Mr. Kipp replied: yes. Mr. Boeltz questioned if he could purchase property on either side and ~. Kipp replied that he doubted it, as there would not be enough'~property left for a house. He added that a square lot also would not cremte this problem. Mr. Boeltz remarked that it looked like his house would upgrade the neighborhood and Mr. Kipp agreed and stated that it would look much better with the house set back. With it close to the street, it looks more crowded. He has had about six houses drawn for this lot and this seems to be the best design, much really can't be done with this lot. Mr. Boeltz asked if he was aware of the setbacks when he purchased the lot and Mr. Kipp replied that he didn't realize it was~so narrow, but became aware of it after the purchase when he had an architect draw plans for a house. Mr. Thompson pointed out on the plan that even with the setback of 15 feet, there were only two points of the house that would reach back to the 15 ft. of the house further to the mem- that he noticed a home across the canal within ~5 feet, which was probably granted a variance previously. Chairman Ward asked Mr. White if he had any questions and he replied that he did not at this time. Chairman Ward then asked if anyone present in the audience was in favor of granting this petition. Dr. George T. Huckle stated his name and his address as 656 Castilla Lane. He advised the Board that he lives directly across the canal from this lot and after looking over the plans, he is favor- ably disposed to have the Board approve this variance. Chairman Ward then asked if anyone present in the audience objected and received no response. He added that they also had not received any objections by mail., He also asked Mr. White if he had anything to add and he replied: no. Mr. Boeltz made a motion to grant the variance, seconded by Mr. Gordon. Motion carried 5-0. OTHER BUSINESS Chairman Ward referred to a memo from the City Manager. Mr. Healy read the following memo dated March 4 and re- ceived March 10 addressed to all City Boards and Committees. "This is to remind you that all meetings are to be recorded with an original set of minutes forwarded to the City Clerk's office, also a record of same. A tape recorder and cassettes are available for meetings if needed. Signed by Frank Kohl." Chairman Ward advised that they would acknowledge receipt of this. MINUTES BOARD OF ADJUSTmeNT PAGE FOUR MARCH 1 O, 1 975 Chairman Ward anno~ced that Mr. Derle Bailey has been ex- cused tonight on account of business and ~. Irving Block has been excused on accost of sickness. The Board extends their sympathy and best wishes for Mr. Block's quick recovery and return ko the Board. Chairman Ward stated he believed they should probably have a meeting once a month due to the fact that minutes must be approved before being sent to the City Co~cil, City Manager, etc. He believes it would be right to have a meeting once a month in order to approve the minutes and take care of any other business. The members agreed and Mr. Thompson made a motion that the Board of Adjustment meet once a month on the second Monde' of each. month. Mr. Gordon seconded the motion. Motion carried 5-0. Mr. Boeltz suggested that when an application for a variance is presented, they possibly might meet'[Before the meeting and go togetherito look at the property and make comments when seeing it tegethero Chairman Ward agreed, but added that it ~u~ot ~e compulsory. Mr. Healy stated that he didn't ~,,z/~/~/~th~s mdea. Mr. Thompson stated he objected, because ~-'° they m~y change their minds according to another member's opinion. Chairman Ward suggested that they p~ssibly meet one evening and attend some ether city's Board of Adjustment meeting to get some ideas. Mr. Boeltz added that Boca Raton has an attorney on their Board. Chairman Ward stated that he be- lieved Boca Raton charges $150 application fee and the attor- ne~ gets $40 and each Board member gets $10 a meeting. Their Board does require that an attorney be present to answer any legal questions. Mr. Boeltz remarked that he believed an attorney would be helpful. Mr. White also agreed that it was a good suggestion~ and believes it should be recommended to the City Council. Chairman Ward continued that he thought it might be a good idea to attend a meeting in Boca Raton and possibly call ahead to see if they would be welcome. Mr. Healy stated that all meetings are open and they wouldn't need an invitation. Mr. Aitken added that he thought most of the members on this Board were using their common sense. The members then decided to discuss the possib~.~-ity of attend- ing a meeting at Boca Rato~ fu~ther after the meeting. ADJOURNMENT Mr. Healy made a motion to adjourn, seconded by M~. Thompson. Motion carried 5-0 and the meeting was properly adjourned at 7:35 P. M.